2003-02-03 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 487
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 3, 2003,
at 5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North
Carolina.
Members present were Chairman Ted Davis, Jr.; Vice-Chairman Robert G. Greer; Commissioner Julia
Boseman; Commissioner William A. Caster; Commissioner Nancy H. Pritchett; County Manager, Allen O’Neal;
County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Davis called the meeting to order and welcomed everyone present. He requested persons with cell
phones or pagers to cut off the equipment to prevent being disruptive during presentations and deliberations by the
Board of County Commissioners.
INVOCATION AND PLEDGE OF ALLEGIANCE
Ms. Susan Dankel, Deacon of the Church of the Servant, gave the invocation after requesting all persons to
pause for a moment to honor the seven brave men and women who lost their lives on the space shuttle Columbia and
for the persons who lost their lives in the industrial fire at the West Pharmaceutical Services Plant in Kinston, N.C.
Commissioner Pritchett led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to discuss or remove an item from the Consent
Agenda.
Commissioner Caster referenced reading the minutes of January 21, 2003, and asked if the language in the
lease with the Board of Education had been changed to reflect that New Hanover County would only be responsible
for maintaining County structures at Veterans Park.
County Attorney Copley responded that the language in the lease was changed as approved by the Board to
reflect that the landlord (County) would be responsible for maintenance of structures constructed by the County and
the tenant (Board of Education) would be responsible for maintenance of schools and related buildings, including the
building interiors.
Commissioner Caster also asked if the Chairman had responded to the letter from Mr. Michael G. Nadeau
requesting the Commissioners to revisit the rezoning decision made by the Board regarding property located at 2623
North College Road.
Chairman Davis responded that he had written a letter to Mr. Nadeau informing him that the rezoning would
not be revisited. He stated that a copy of the letter was sent to each County Commissioner and appropriate staff
members.
After hearing no further comments, Chairman Davis called for a motion to approve the Consent Agenda.
Motion:
Commissioner Boseman MOVED, SECONDED by Commissioner Caster, to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as presented by the Clerk to the Board:
Regular Meeting, January 6, 2003
Regular Meeting, January 21, 2003
Closed Session, August 19, 2002
Authorization for New Hanover Transportation Services to Apply for a Joblinks Demonstration Planning Grant
Offered by the Community Transportation Association of America
The Commissioners approved a request from New Hanover Transportation Services (NHTS) to apply for a
$50,000 Joblinks Demonstration Planning Grant to develop a plan for implementation of employment transportation
routes to address the needs of low income and Work First clients in New Hanover County.
If the grant is awarded, the funding will be used to contract with a consulting firm to develop an inventory
of transportation resources and employment transportation needs; study the feasibility of a "transportation resource
center" within the local one-stop center at the Employment Services Commission; and develop a plan for
implementation of employment transportation routes that meet the needs of low income and Work First clients.
Approval of Change Orders for the Judicial Building and Approval of Associated Budget Amendment #2003-25
The Commissioners approved change orders in the amount of $289,000 for the Judicial Building and approved
associated budget amendment #2003-25. Several changes that were not in the original budget occurred because of
unforeseen problems during the construction renovation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 488
Budget Amendment #2003-25-Judicial Building/Commissioners/Non-Departmental
Adjustment Debit Credit
Judicial Building:
Transfer in from General Fund$289,000
Extended Project Expense$289,000
Commissioners:
Appropriate Fund Balance$289,000
Non-Departmental:
Transfer to Capital Projects$289,000
Explanation: To increase the Judicial Building project budget for changes that occurred during construction.
Award of Landscape Maintenance Contract for New Hanover County Non-Park Facilities
The Commissioners awarded the Landscape Maintenance Contract in the amount of $73,678 for maintenance
of Non-Park facilities for a period of two years with an automatic 3% increase for the second year. The County was
divided into three sections with the following contracts awarded for one year. The Chairman was authorized to execute
the necessary contract documents.
Section I:Scott’s Lawn Care$22,320 per year
Section II: Taylor Landscaping$38,628 per year
Section III:Tru-Green Landscaping$12,750 per year
Approval of Budget Amendment #03-0116-Social Services-Administration/Crisis Intervention Program
The Commissioners approved the following Budget Amendment:
Budget Amendment #03-0116-Social Services-Administration/Crisis Intervention Program
Adjustment Debit Credit
DSS Administrative Grants$31,861
Assistance Payments $31,861
Explanation: To budget additional State dollars for the Crisis Intervention Program. No additional County
funds are required.
Approval of Budget Amendment # 2003-24-Tidal Creeks Capital Project/Engineering/Commissioners
The Commissioners approved the following Budget Amendment:
Budget Amendment # 2003-24-Tidal Creeks Capital Project/Engineering/Commissioners
Adjustment Debit Credit
Tidal Creeks:
Extended Project Expense $18,330
Transfer to Engineering $18,330
Engineering:
Transfer in from Tidal Creeks $18,330
Commissioners:
Appropriated Fund Balance $18,330
Explanation: To adjust the Tidal Creeks Capital Project Budget, Engineering Operating Budget, and
Appropriated Fund Balance to reflect a transfer of $18,330 from Tidal Creeks to Engineering to cover costs
associated with a Sedimentation/Erosion Control employee. This transfer will cover costs through December
31, 2002. Because this position was already budgeted within the budget for the Engineering Department, this
budget amendment will reflect $18,330 going back into the fund balance.
ADOPTION OF RESOLUTION RECOGNIZING THE DEDICATED SERVICES OF AMERY WELLS
WHILE SERVING IN NEW HANOVER COUNTY AS THE COUNTY RANGER FOR THE N. C. DIVISION
OF FOREST RESOURCES
Chairman Davis requested Amery Wells to step forward to be recognized for his outstanding service to New
Hanover County.
Chairman Davis read the resolution and requested a motion to adopt the resolution.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the resolution expressing
appreciation to Mr. Amery Wells for his dedicated service to New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
On behalf of the Board, Chairman Davis expressed appreciation to Mr. Wells for his outstanding service to
the County and congratulated him for his promotion to District Ranger for the N. C. Division of Forest Resources.
Commissioner Pritchett advised that she had been privileged to work with Amery for a number of years on
various projects, primarily the Tree Fest, and stated that he and other members of the N. C. Forest Service were very
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 489
special people. She congratulated him on his promotion and stated that he would be missed.
Mr. Wells advised that it has been a pleasure to work and serve the citizens of New Hanover County. He
expressed appreciation for the support of the N. C. Fire Service by the Board of County Commissioners and stated that
he was happy to receive the promotion, but sad to leave New Hanover County.
In closing, Mr. Wells presented the 2001-2002 N. C. Forest Service Accomplishments Report.
A round of applause was given to Mr. Wells.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 7.1.
PRESENTATION BY THE NEW HANOVER COUNTY COMMISSION FOR WOMEN
Ms. Aimee Ennis, on behalf of the New Hanover County Commission for Women, expressed appreciation to
the Board for allowing the Commission to present a report on some of its recent accomplishments.
Ms. Ennis reported that in March 2001, the Commission unveiled a booklet entitled Women’s Work , A
Century’s Worth which provides a Cape Fear Scrapbook on the history of women in this region. The booklet presents
views of opportunities, life chances and choices for generations of Cape Fear Women. This effort has been expanded
to include a website, www.nhwomen.org, and with the help of teachers in the Cape Fear Region, lesson plans have been
designed and an interactive CD developed to supplement the history curriculum in the 8th grade. The website also
welcomes feed back from students and teachers. This is an on-going project that will eventually reach children outside
the Cape Fear Region.
The latest project, Women Alive 2003 Health, Harmony and Success, is a fair that will be held at Westfield
Shopping Town Independence Mall on Saturday, March 15, 2003 to heighten the awareness of women in health care,
legal professions, child care, financial resources and job preparation. Approximately 20 to 25 local non-profit
organizations will be present to pass out materials and discuss issues relating to women.
Commissioner Pritchett congratulated Ms. Ennis and members of the Commission for the progress made and
stated that accomplishments of this type are a real step forward in better educating the public about the history of
women.
On behalf of the Board, Chairman Davis expressed appreciation to Ms. Ennis for the informative report.
ADDITIONAL ITEMS
Discussion of the Cooperative Extension Arboretum Master Plan
Commissioner Pritchett reported that the Cooperative Extension Arboretum has engaged the services of 10
landscape students from N. C. State University to design a new Master Plan for the Arboretum. The Cooperative
Extension is holding an event on Saturday, February 15, 2003, from 1:00 p.m. until 4:00 p.m., at the Arboretum for
the public to review the proposed plan and comment on what they think the purpose of the Arboretum should be, and
how the Arboretum should look. She urged the public to attend this event.
Report on “The Chocolate Fantasy” Sponsored by the Senior Center and the “Wilmington Garden Show”
Sponsored by Cooperative Extension
Commissioner Pritchett spoke on attending the Chocolate Fantasy at the Senior Center and the Wilmington
Garden Show at the Coast Line Convention Center over the weekend and stated that both events were well planned
and enjoyed by the public.
Report on the Preview Party for the Wilmington Garden Show
Commissioner Caster spoke on attending the Preview Party for the Wilmington Garden Show and stated it
was a wonderful show with a tremendous amount of work required for the exhibits.
Adoption of Resolution Recognizing the Services Provided by the U. S. Coast Guard and U. S. Coast Guard
Reserve in the Global War on Terrorism
County Manager O’Neal presented a resolution to recognize the members of the U. S. Coast Guard and U.
S. Coast Guard Reserve for their efforts given to protect the homeland and secure the safety of ports and the maritime
transportation system. Approximately 360 Coast Guard reservists have been called to active duty as part of “Operation
Enduring Freedom” and are assisting in the provision of security for military outloads at the Port. He stressed the
importance of welcoming these reservists to New Hanover County.
Commissioner Caster, a retired U. S. Coast Guard Captain, read the resolution into the record.
Chairman Davis called for a motion to adopt the resolution.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt the resolution. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Book XXIII, Page
7.2.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 490
PUBLIC HEARING REGARDING PLACEMENT OF SIGNS IDENTIFYING THE MONKEY JUNCTION
AREA
Assistant County Manager Dave Weaver reported on a letter received from a long-time resident of the Monkey
Junction area requesting the Board to place an identification sign at the South College/Carolina Beach Road
intersection. The NCDOT is willing to erect green and white information signs at appropriate locations at no cost to
the County. In order for the NCDOT to move forward with placement of the signs, a resolution must be adopted by
the Board requesting this action.
Commissioner Pritchett asked if the NCDOT would print signs saying Myrtle Grove Junction a.k.a. (also
known as) Monkey Junction.
Assistant County Manager Weaver advised that he could discuss this wording with the NCDOT but felt the
term could be confusing to the public.
Commissioner Pritchett suggested printing the signs to say Myrtle Grove/Monkey Junction.
Chairman Davis explained that if the Board adopts the resolution, the posting of signs will not create a
problem with the 911 Center, no addresses will have be changed, and there will be no cost to the County.
After hearing no further comments, Chairman Davis opened the floor to receive public comments.
Ms. Ann Seymour, a resident of Monkey Junction, stated that this area is not Myrtle Grove/Monkey Junction
or Myrtle Grove a.k.a. Monkey Junction. It has been called Monkey Junction for years. This funny little name reflects
the character of the area and the mix of people which makes it a great place to live. This area should be identified as
Monkey Junction, not Myrtle Grove which sounds like a shopping center.
After hearing no further comments, Chairman Davis closed the Public Hearing and called for a motion.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt a resolution requesting
the North Carolina Department of Transportation to place informational signs at the Highway 421/132 intersection
identifying the area as Monkey Junction. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 7.3.
PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT SUBMITTED BY
JEANNE FINUCAN FOR A CHILD DAYCARE FACILITY AT 4504 BARNARDS LANDING ROAD IN AN
R-10 RESIDENTIAL DISTRICT (S-496, 01/03)
Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-
judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Jeanne Finucan
Chairman Davis advised that the applicant and opponents would be allowed 15 minutes each to make a
presentation with a cross-examination/rebuttal period of 5 minutes each. He requested all parties presenting testimony
to avoid redundancy if at all possible and to adhere to the time frame.
Chairman Davis requested Planning Director Hayes to make the Staff presentation.
Planning Director Dexter Hayes presented slides and a map of surrounding properties and reported that the
petitioner, Jeanne Finucan, would like to operate a child daycare facility in her home located at 4504 Barnards
Landing Road in an R-10 Residential District. The daycare facility will have a total enrollment of 17 children with
two shifts to accommodate parents who work first and third shifts.
When the request was heard by the Planning Board on January 2, 2003, the Planning Board voted 5-0 to
recommend approval. No one present spoke in support or in opposition to the request.
Planning Director Hayes entered the following findings into the record:
1. The Board must find that the use will not materially endanger the public health or safety if located
where proposed and developed according to the plan as submitted and approved based upon the
following findings:
A. The subject property is located within the Myrtle Grove Volunteer Fire Department.
B. The site has access to Barnards Landing Road (SR 2323) which is a public right-of-way.
C. The site is served by County sewer and community water.
D. The proposed use will occur in an existing home.
2. The Board must find that the use meets all required conditions and specifications of the Zoning
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 491
Ordinance based upon the following findings:
A. There is sufficient parking for 1 employee, and there are 4 off-street spaces.
B. A driveway with ingress and egress has been constructed in a manner to provide access without
backing onto the public right-of-way.
C. There is an existing play area with a fence 6 feet high in the back yard.
D. Outside signs for the facility shall not exceed 2 square feet. No signs are proposed.
E. Operation of the facility shall comply with the provisions of the General Statutes of the State of
North Carolina and other applicable federal, state and local codes.
F. No new buildings are proposed.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity based upon the following findings:
A. The subject property is located in an R-10 residential district.
B. Child daycare facilities are permitted by Special Use Permit in all residential districts.
4. The Board must find that the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County based upon the following findings:
A. The site is classified as Developed by the New Hanover County Comprehensive Land Use Plan. The
purpose of the Developed class is to provide for continued intensive development and redevelopment
of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling
units per square mile. Urban services are already in place or scheduled within the immediate future.
B. Several policies in the Comprehensive Land Use Plan support establishing programs for the elderly,
persons with special needs, and children.
Staff was concerned about an enrollment of 36 children with three shifts, but when the permit was modified
to reduce the number of children to 17 with only two shifts, this concern was resolved. According to Trip Generation
Standards, there will be some overlapping trips for drop-off and pick-up, but with the reduction in size, Staff feels that
the existing residential street pattern can handle the traffic.
Chairman Davis commented on the reduction in the number of children enrolled and number of shifts and
asked if Staff has any other concerns about the operation of proposed daycare facility at this location.
Planning Director Hayes responded that Staff did not have other concerns and stated there was no reason to
deny the request. The proposed use is in compliance with the Comprehensive Land Use Plan.
After hearing no comments from the Board, Chairman Davis requested the petitioner, Ms. Jeanne Finucan,
to make a presentation.
Chairman Davis asked Ms. Finucan if she agreed with the findings of fact presented by the Planning Director.
Ms. Finucan concurred with the findings of fact as presented.
Ms. Finucan reported that many parents prefer in-home daycare to daycare centers. There is a need for more
in-home facilities, particularly those that accommodate people who work shifts. She requested the Board to approve
the Special Use Permit.
Commissioner Pritchett reported that she called Ms. Janet Nelson, Director of the Partnership for Children,
to inquire about the operation. Ms. Nelson informed her that she knew about the facility and felt it was adequate to
care for the number of children to be enrolled. Ms. Nelson also stated that Ms. Finucan has been working on the Stars
Program.
Ms. Finucan advised that she was a 4-Star home childcare facility and stated she strives to abide by the law
and provide a quality in-home daycare facility.
Chairman Davis asked if any person sworn-in by the Clerk to the Board would like to present testimony in
favor or in opposition to the request.
No comments were received.
Chairman Davis closed the Public Hearing and called for a motion.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to grant a Special Use Permit to
Ms. Jeanne Finucan to operate a child daycare facility in her home located at 4504 Barnards Landing Road in an R-10
Residential Zoning District to care for 17 children with two shifts keeping 12 children during the first shift hours and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 492
5 children during the third shift hours based upon the evidence and findings of fact concluding that the use will not
materially endanger the public health or safety if located where proposed and developed according to the plan as
submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will
not substantially injure the value of adjoining property or abutting property or that the use is a public necessity; and
the location and character of the use if developed according to the plan as submitted and approved will be in harmony
with the area in which it is to be located and in general conformity with the plan of development for New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book
III, Page 18.
APPROVAL OF PROCLAMATION DECLARING FEBRUARY 2003 AS “HUMAN RELATIONS MONTH”
Mr. Carl A. Byrd, Sr., Director of Human Relations, introduced Mr. James T. Jones, Vice-Chairman of the
Human Relations Commission.
Mr. Jones expressed appreciation to the Board of County Commissioners for proclaiming February as Human
Relations Month. He invited the Commissioners and citizens of the County to attend the numerous activities planned
for the month of February. The next event is an Awards Ceremony that will be held on Friday evening, February 7,
2003, at Dorothy B. Johnson School to recognize children who have written essays. On Saturday, February 22, 2003,
at 7:00 p.m. at the Warwick Center, UNCW, the Annual Awards Celebration will be held to celebrate 40 years of
progress. The keynote speaker will be former Congresswoman Eva Clayton and the admission is $20.00 per person.
Chairman Davis requested Commissioner Pritchett to read the proclamation since she represents the Board
of County Commissioners on the Human Relations Commission.
Commissioner Pritchett read the resolution.
Chairman Davis requested a motion for approval.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to adopt a proclamation
Human Relations Month
designating February 2003 as in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
On behalf of the Board, Chairman Davis presented the proclamation to Mr. Jones and Mr. Byrd and
commended the members of the Human Relations Commission, Director Byrd, and Staff for performing an outstanding
job in working to promote equal rights for all persons and encouraging our citizens to join in this challenge so our
community will be a better place to live.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 7.4.
PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT FROM ANDREW AND
KUSKE CONSULTING ENGINEERS, INC. FOR CYPRESS POND AT PORTERS NECK, LLC FOR A HIGH
DENSITY DEVELOPMENT OF 264 UNITS IN AN R-15 RESIDENTIAL DISTRICT AND B-1
NEIGHBORHOOD BUSINESS DISTRICT LOCATED ON SEVERAL PARCELS OF LAND AT 8207
MARKET STREET (S-497, 01/03)
Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-
judicial hearing; therefore, any persons wishing to testify must step forward to be sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Baird Stewart
Sadie Mae Brown
Dave Adams
Steve McClain
Dean Scarafoni
Donald H. Caison
Teresa Robinson
Chairman Davis advised that the applicant and opponents would be allowed 15 minutes each to make a
presentation with a cross-examination/rebuttal period of 5 minutes. He requested all parties to avoid redundancy if
at all possible and to adhere to the time frame.
Planning Director Dexter Hayes presented a map, the site plan, and pictures of surrounding properties to the
south, north, east, and west of the property. A majority of the property is zoned R-15 Residential with an existing
partially developed commercial district fronting Market Street, which is behind the Food Lion at the Porters Neck
Shopping Center. The Country Haven Subdivision is located south of the property and Greenview Ranches surrounds
the property toward the west and north. The entrance to the site will be an improved 50- foot right-of-way leading from
Market Street to the site. Staff has some concerns with the current access to larger tracts at the rear of the site.
Planning Director Hayes advised that any type of high density development requires issuance of a Special Use
Permit. This means that the use must meet certain performance requirements such as compliance to the
Comprehensive Land Use Plan, the provision of water and sewer, and access from a major arterial. The
Commissioners are required to make findings of fact to determine if all requirements have been met.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 493
Planning Director Hayes entered the following findings into the record:
1. The Board must find that the use will not materially endanger the public health or safety if located
where proposed and developed according to the plan as submitted and approved based upon the
followings findings:
A. The subject property is located within the Ogden Volunteer Fire Department.
B. The site has access to Market Street (U. S. Highway 17) which is classified by the Thoroughfare
Classification Plan as a major arterial.
C. The petitioner is extending county water and sewer services to the project.
2. The Board must find that the use meets all required conditions and specifications of the Zoning
Ordinance based upon the following findings:
A. A site plan which meets the requirements of the Zoning Ordinance has been submitted and reviewed.
B. The County Engineering Department has indicated that a sufficient area is shown on the plan to
accommodate stormwater management. Stormwater requirements and water and sewer will be
reviewed when construction plans are submitted.
C. A Traffic Impact Analysis has been submitted and is under review by the NCDOT and MPO staff.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity based upon the following findings:
A. The subject property is zoned R-15 Residential and B-1 Neighborhood Business.
B. High Density development is permitted within the R-15 District provided that the land is classified
urban transition and there is access to a major or minor arterial. Residential uses are permitted
within B-1 Business Districts by Special Use Permit.
C. The project is adjacent to an existing commercial shopping center and vacant residential properties
in Greenview Ranches.
4. The Board must find that the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development of New Hanover County based upon the following findings:
A. The site is classified as Urban Transition by the New Hanover County Comprehensive Plan. The
purpose of the Urban Transition class is to provide for future intensive urban development on lands
that have been or will be provided with necessary urban services. The location of these areas is based
upon land use planning policies requiring optimum efficiency in land utilization and public service
delivery. Residential development can exceed 2.5 units per acre within the Urban Transition area
provided that the development is adequately designed to be compatible with existing and proposed
surrounding land uses and is served by City or County Sewer.
B. Housing policies in the Comprehensive Land Use Plan state that “The County and City shall
continue to support and enhance a broad range of affordable housing programs and increase
affordable rental housing.”
Planning Director Hayes reported that a primary concern of Staff was for the provision of a public road
connection through the property to the west to support any potential development in Greenview Ranches. This concern
has been resolved by the provision of a 50-foot right-of-way along the southern portion of the property and by
improving the access off Market Street to satisfy NCDOT requirements.
When the petitioner presented the request to the Planning Board on January 2, 2003, no one spoke in
opposition. There was extensive discussion regarding access to the vacant properties to the west of the subject property.
The Wilmington Urban Area Metropolitan Planning Organization (MPO) Coordinator, Mark Tinkler, presented his
concerns and recommendations. There was also discussion about the wetlands on the site, and one member of the
Planning Board questioned why the cypress pond was not classified as a wetland. The petitioner explained that the
cypress pond was a permitted stormwater management pond for the adjacent shopping center. After further discussion
the Planning Board voted 4 to 1 to recommend approval with the condition that the access easement shown on the
southern most part of the site should be changed to a 50-foot public right-of-way to accommodate the NCDOT collector
requirement for the Market Street access.
Chairman Davis spoke on understanding that access to the site would be provided via an extension of the
existing entrance off Market Street into the Porters Neck Shopping Center.
Planning Director Hayes responded that the statement made by Chairman Davis was correct.
Chairman Davis asked if the concern to provide access for potential development in Greenview Ranches had
been addressed when the petitioner was willing to provide a 50-foot easement on the southern portion of the property.
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Planning Director Hayes responded that this was correct; however, when the access is moved from its present
location, the existing dirt lane will still be in place because it is located on adjacent properties. In the future, this 50-
foot access could be extended out to Market Street. A plan was approved to locate a YMCA facility in this area that
would have been the terminus of the road extension; however, those plans have expired. When those plans are
resurrected, Staff will require extending the road connection out to Market Street to accommodate future development
in the Greenview Ranches.
Chairman Davis also spoke on understanding that the developers will pay to extend water and sewer lines
from Market Street to the subject property.
Planning Director Hayes responded that the County requires developers to participate in the cost of water and
sewer services.
Chairman Davis spoke on Staff recommending that the site access should incorporate recommendations
proposed in the Traffic Impact Analysis and asked if this had been done.
Planning Director Hayes advised that under the present access it would be difficult to turn north on Market
Street. The alternative is to move the access from that entrance point to the traffic signal at the northern part of the
Porters Neck Shopping Center next to Wendy’s. The consultant felt that even though the access will operate at a level
service F during peak periods, there would only be 40 to 50 vehicles per hour, which does not justify spending a great
deal of money for more improvements. Once the intersection improvements are made to accommodate the U. S.
Highway 17 Bypass for the Porters Neck area, the traffic signals will have to be changed for the new interchange,
which should be completed in the next two years. The only improvements recommended by the consultant are as
follows, and the petitioners have agreed to make the improvements:
The west approach should be striped to provide one exclusive right-turn lane, one exclusive left-turn
lane and one exit lane.
Planning Director Hayes advised that Staff concerns have been addressed with the 50-foot easement provided
by the petitioners and the incorporation of road improvements recommended in the Traffic Impact Analysis.
Chairman Davis asked Planning Director Hayes if there was any reason why Staff felt the request should not
be granted.
Planning Director Hayes responded that no permits have been issued from the Division of Water Quality or
the U. S. Army Corps of Engineers regarding wetlands and drainage issues with the cypress pond. However, it is not
unusual for these permits not to be received at this stage of the development process. The issuance of the Special Use
Permit is subject to all federal and state permits being received. If the permitting process requires some drastic changes
in the approved plan, the petitioners will have to appear before the Board to receive re-approval of the plan.
Chairman Davis asked if the plan is consistent with the Comprehensive Land Use Plan.
Planning Director Hayes responded that the plan was consistent with the Land Use Plan.
Commissioner Pritchett asked how many acres of wetlands have been identified in the project.
Senior Planner Baird Stewart responded that approximately 8 acres out of 28.52 acres are wetlands.
Commissioner Pritchett commented on the cypress pond being a unique natural phenomena and asked if the
proposed plan would adequately preserve the pond.
Senior Planner Stewart responded that the pond could not be disturbed because of being located in the
Conservation Overlay District (COD). The petitioners will have to comply to the N. C. Division of Water Quality
requirements for pretreatment discharge prior to allowing it to go into the cypress pond. The final design of the
stormwater plan will not be presented until the construction phase of the development.
Commissioner Pritchett requested an explanation of where the access to Greenview Ranches is located.
Senior Planner Stewart presented a map and explained that currently residents of Greenview Ranches enter
through the main driveway and travel along a dirt road along the boundary line and then head north through Plantation
Road. The proposal is that residents will continue to use the dirt road; however, the petitioners will provide a 50-foot
right-of-way in another location that will continue up to Plantation Road. The dedicated rights-of-way will be
improved and the road will not connect to the Country Haven Subdivision.
Vice-Chairman Greer asked if the access road could be connected to the road coming out of Porters Neck.
Senior Planner Stewart responded that the petitioners do not have control over the property between the
terminus of Plantation Road and the Porters Neck Road intersection. With future development, the County may request
that Plantation Road be extended.
Commissioner Pritchett requested the projected figures on the number of vehicles accessing Market Street in
peak morning hours and expressed concern for only one exit through the shopping center.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 495
Planning Director Hayes responded that the projected peak morning hour traffic is135 vehicles per hour and
the peak afternoon traffic is 165 vehicles per hour.
After no further comments from the members of the Board, Chairman Davis requested the petitioner, Mr.
Dean Scarafoni, to step forward to make his presentation.
Chairman Davis asked Mr. Scarafoni, if he agreed with the findings of fact as presented by the Planning
Director.
Mr. Scarafoni agreed with the findings of facts and stated that some points needed to be clarified.
Mr. Scarafoni, the property owner, advised that he would like to clarify the fact that the project does not
consist of 264 acres, but it is comprised of 264 units to be built on more than 28 acres. With reference to access,
Plantation Road is a dead end dirt road that terminates in a marsh; therefore, it is unlikely that this road can be
connected to Porters Neck Road. The subject property is located directly behind the Porters Neck Shopping Center,
which has three curb cuts on Market Street including a stoplight at the Porters Neck Road intersection. There are three
service roads throughout the shopping center running north and south parallel with Market Street that people currently
use. If there should be difficulty accessing Market Street for a left-hand turn from the development, people would have
the opportunity to use the stoplight at the Porters Neck Road intersection.
Mr. Scarafoni reported that all 8 acres of wetlands will be preserved and there will be extensive greenspace
as indicated on site the plan and map. The permits from the Corps of Engineers have been received and the Corps
signed off on the project. The property includes a partially man-made cypress pond with a concrete bulkhead. The
pond was previously used as a depository for old appliances, car parts and trash. Mr. Scarafoni stated that he and the
previous property owner cleaned up the pond so it could serve as a natural amenity for the residential neighborhood.
The proposed plan does not call for excavating any part of the pond, removing trees, or filling wetlands adjacent to the
pond. This pond has been a permanent stormwater facility for six years as the result of a plan developed with the
Northeast New Hanover Conservancy in 1997 and approved by the N. C. Department of Environment, Health and
Natural Resources. When the Porters Neck Shopping Center originally received permits to send its stormwater after
retention to the Futch Creek Watershed, Mr. Paul Foster contacted him to consider an alternative to send the
stormwater in the opposite direction to the Smith Creek Watershed. A plan was developed that helped to preserve
Futch Creek and allow a number of trees to be retained along Market Street. When the shopping center was built, a
stormwater permit had already been received; however, with a strong argument by Mr. Foster, changes were made at
a cost of $200,000. The proposed project will not use the pond for stormwater retention.
Mr. Scarafoni advised that the project will not endanger the public health or safety because it will have access
to all necessary urban services, including shopping, transportation, electricity, public water and public sewer. The
property has direct access to Market Street and will not generate additional traffic through existing neighborhoods.
The buildings will have a sprinkler fire protection system and will comply to applicable building and zoning health
codes.
The use of the property will comply to all required conditions and specifications of the Zoning Ordinance.
The use of the property will not injure the value of adjoining or abutting property. The units will be luxury
apartments with many amenities that include a clubhouse, indoor basketball court, swimming pool, fitness center, and
business center. With this being a quality project with water and sewer extended to the area, the value of adjoining
properties and surrounding properties will increase.
In terms of public necessity, there are virtually no rental housing units in this area. Locating this property
adjacent to existing commercial development on the west side of Market Street in an area classified as Urban Transition
will relieve development pressure on the east side of Market Street, an area classified as Resource Protection.
The public will benefit by the extension of water lines 3,000 feet along Market Street paid by three private
developers at a cost of approximately $240,000, not including connection and impact fees. This extension will provide
water to the northern end of the County which has been a priority for years. The project will also generate ad valorem
taxes of approximately $140,000 annually.
The use will be in harmony with the area and in general conformity with the plan of development for New
Hanover County. Property uses for this area consist primarily of a large neighborhood shopping center, various
highway retail businesses, residential houses and non-buildable wetlands. Planned uses for adjoining properties include
a commercial subdivision, an urgent care medical facility, a larger regional medical complex and a new YMCA and
athletic field.
The use conforms with the development plan for New Hanover County in that it is located in an Urban
Transition land area. The purpose of Urban Transition is to provide for future intensive urban development on lands
that have been or will be provided with necessary urban services. The land has these necessary services in addition
to its location adjacent to a large neighborhood shopping center, which means that residents will not have to drive on
Market Street to access a grocery store, restaurant, bank or other services. The proposed project will have direct access
to Market Street, and the planned I-40 connector will make it an efficient and convenient location in terms of
transportation. Connectivity is an important issue and the developers have been asked by the Planning Department
to improve the access between Greenview Ranches and Market Street. The developers have agreed, and the access will
be improved as follows: (1) provision of a dedicated right-of-way from Market Street to Old New Bern Road via a road
that is currently private and owned by the shopping center; (2) provision of a dedicated right-of-way from the existing
road system in Greenview Ranches to Old New Bern Road; and (3) as projects are developed, there is a plan to require
one of the projects to provide access directly to Market Street.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 496
Mr. Scarafoni advised that one of the neighbors had expressed concern about the project impacting easements
on her properties. The project has been designed to work with existing easements, and no easements will be closed,
relocated, or impacted. Some neighbors have requested use of a better easement, and some neighbors have requested
to be connected to the sewer system, which has been agreed upon by the developers.
Chairman Davis commented on the clarifications presented by Mr. Scarafoni and asked him if he agreed with
the findings of fact presented by the Planning Director.
Mr. Scarafoni concurred with the findings of fact as presented.
Chairman Davis asked Planning Director Hayes if the clarifications presented by Mr. Scarafoni had changed
any opinions of Staff.
Planning Director Hayes responded that the 50-foot right-of-way on the southern part of the property was
shown on the map, but the 50-foot right-of-way for the entrance off Market Street was not shown on the map. He stated
that NCDOT will require that 50-foot right-of-way.
Mr. Scarafoni agreed with the statement made by Planning Director Hayes and stated that he was aware the
requirement.
Mr. Steve McClain, a resident of 7103 Lentz Court, Summerfield, North Carolina, advised that he had worked
with Mr. Scarafoni for approximately a year to perform a market analysis. FHA has also performed a market analysis
and has agreed to finance the project. The market analysis showed the need for rental housing in the area and budgets
have been prepared to assure the FHA that the project will be viable. In order to comply to FHA requirements, a
wildlife survey was conducted and completed. The preservation of the wetlands will be documented through covenants
and deed restrictions.
In closing, Mr. McClain offered to answer questions and stated that his company had been in business for a
number of years and looked forward to starting the project.
Commissioner Pritchett asked if the wildlife survey had been approved.
Mr. McClain responded that he was not sure if the survey had been approved; however, there was a matter
regarding a bald eagle.
Mr. Scarafoni spoke on being in charge of this portion of the project and stated that no problem existed with
a bald eagle. He advised that the Housing and Urban Development agency required the wildlife survey because of
woodpeckers known to be in the region and a particular species of grass. The consultant has indicated that no problems
will be experienced with the survey.
Vice-Chairman Greer asked if the project will include a club house with a basketball/multipurpose court,
fitness center, business center, billiard game room, swimming pool, nature trails, sand volleyball court, putting green
with sand trap, playground and grill picnic area.
Mr. Scarafoni responded that all of the amenities stated by Vice-Chairman Greer have been included in the
project.
Chairman Davis asked if any persons sworn-in by the Clerk to the Board would like to present testimony in
favor of the proposed project.
Mr. Donald H. Caison, a resident of 7940 Country Lakes Road and the developer of Country Haven
Subdivision, informed the Board that he sold 5 acres of his property to Mr. Scarafoni for the proposed project. When
first approached by Mr. Scarafoni about selling the property, he told Mr. Scarafoni that he would not be interested if
the proposed project would increase traffic or harm the value of surrounding properties. After seeing the site plan and
map for the proposed project, he sold the land to Mr. Scarafoni because he felt it was a well designed project that would
be an appropriate use for the land, provide badly needed rental housing to the area, and extend water and sewer services
into the northern part of the County.
Ms. Sadie Mae Brown, the owner of two lots adjacent to the subject property, spoke in favor of the project
because she would be able to receive water and sewer services, which she had wanted for years.
Chairman Davis asked if any persons sworn-in by the Clerk to the Board would like to present testimony in
opposition to the request.
Ms. Teresa Robinson, a resident of 1620 Sound Watch Drive and owner of Parcel 3, advised that Mr.
Scarafoni contacted her about releasing an easement and stated that she refused to relinquish the easement because it
provided access to Parcel 3. Another request was made to relinquish an easement located on a common property line
between Parcel 3 and Parcel 7. This request was refused because it would have allowed Mr. Scarafoni to build 264
units on basically 20 acres of buildable land that would have bottlenecked traffic at the access and created a problem
for the entire area.
Ms. Robinson also expressed concern for the necessary permits not being received before the project was
approved. With development of 13 units per acre on land with wetlands and a natural cypress pond, all permits should
be received. The article in the newspaper about the proposed project after the Planning Board meeting stated that Mr.
David Adams, a member of the Planning Board, expressed concern that the site plan did not show wetlands around
the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 497
2-acre cypress pond which made him feel that the plat submitted was not correct. Reading further down the article,
she stated that Mr. Rick Shiver with the Division of Water Quality said that a stormwater permit application for the
project had not been received, and Mr. Andy Wood, Education Director of the Audubon Society, said that sending any
stormwater runoff into a natural cypress pond would be an environmental disaster.
In closing, Ms. Robinson urged the Board to wait until all permits have been received before approving
construction of 264 units on a 20 acre tract of environmentally sensitive land.
Chairman Davis asked Mr. Scarafoni if he would like to address the concerns expressed by Ms. Robinson.
Mr. Scarafoni advised that the Corps of Engineers had signed off on the maps for the wetlands. There was
discussion at the Planning Board meeting about where the wetlands were located relative to the cypress pond. Since
that time the wetlands have been delineated. With reference to the cypress pond, it has been reviewed and permitted
by the Division of Water Quality. When the stormwater permit is submitted for this particular project, every effort will
be made to work with any recommendations made by the Division of Water Quality. If a decision is made for the pond
not to receive additional stormwater, there are other sites on the property for location of retention ponds. With reference
to easements, Ms. Robinson was requested to relinquish the easements, and when she decided against the request, the
project was designed accordingly.
Ms. Robinson informed the Board that the approval received by Mr. Scarafoni from the Division of Water
Quality was received five years ago for the shopping center. According to Mr. Rick Shiver, with the Division of Water
Quality, an application has not been submitted for the proposed project. Rules and regulations have changed and all
permits need to be received before the project is approved. The Board was requested to continue the Public Hearing
until all information has been received.
Chairman Davis closed the Public Hearing.
Chairman Davis advised that Mr. Dave Adams, a member of the New Hanover County Planning Board, has
requested an opportunity to speak on why he voted in opposition to the request.
Mr. Adams read the following statement on behalf of the Planning Board and advised that the statement was
not in opposition or support of the petition but was presented for clarification.
“The Planning Board considered this petition at its January 2, 2003, meeting, and the Board voted to
recommend approval to the County Commissioners; however, the Board’s discussion and decision were predicated on
some erroneous assumptions. The Board was under the impression that the U. S. Army Corps of Engineers had
approved the 404 permit line shown on the plat submitted by the petitioner and that no jurisdictional wetlands occurred
within the area to be developed. Subsequent conversation with Angie Pennock, Regulatory Specialist, Wilmington
District U. S. Army Corps of Engineers, has determined that no jurisdictional decision had been made on the property
at the time of the Planning Board meeting. Subsequently, the Corps has filed that jurisdictional wetlands do occur
within the area to be developed.”
Mr. Adams stated that after a conversation with Ms. Pennock today, it was his understanding that the
determination was made yesterday. He continued the statement as follows:
“The Planning Board was also told that the applicant possessed a permit to discharge stormwater from the
Porters Neck Shopping Center into the cypress pond, which is correct, and it was implied that the permit would cover
the proposed project. Mr. Rick Shiver, Water Quality Regional Supervisor of DENHR, has informed the Planning
Board that no permit authorizing stormwater discharge from the proposed project into the cypress pond exists, nor has
an application been filed. While it is uncertain that this information would have altered the Planning Board’s
recommendation, it was felt that the County Commissioners should have the correct information.”
Chairman Davis asked Mr. Adams if he was saying that the Planning Board was informed of certain things
being done when in fact they had not been done.
Commissioner Pritchett asked Mr. Adams if the Planning Board had to hear the petition again, would the
same decision be made.
Mr. Adams responded that he could not answer either question because he was representing the Planning
Board and presenting the statement for clarification, not in opposition or support of the petition presented by Mr.
Scarafoni.
Commissioner Boseman asked Mr. Adams why he voted against the proposed project.
Mr. Adams responded that he was uncertain of some issues.
Chairman Davis advised that he was concerned about some of the allegations and said if things were not
properly or adequately presented at the Planning Board meeting, the request may need to be re-considered by the
Planning Board.
Mr. Scarafoni advised that he was not sure of the statement regarding wetlands in the development area and
stated that no wetlands would be filled. He also noted that whether or not he implied that the cypress pond would be
used for stormwater runoff for the project, he tried to respond to environmental issues, which are typically discussed
with State regulators. He stated that the pond was a permitted facility for the shopping center and it only made sense
to use it for stormwater discharge from the proposed project. Mr. Scarafoni said that he never indicated that he had
the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 498
permits. The developers will comply to the requirements of the State regulatory agencies and the map has been signed
by Ms. Angie Pennock for the first phase of delineated wetlands. The developers feel good about how the project has
been presented and are proud of how it has been amended to address various concerns.
Commissioner Caster requested Mr. Scarafoni to explain the easements referenced by Ms. Robinson.
Mr. Scarafoni explained that easements run throughout Greenview Ranches. When working with the Planning
Staff, it was decided to provide an improved roadway that would actually connect to an easement to remove it from
Mrs. Brown’s property. In order to better plan the area, two of the neighbors were requested to exchange easements
with Ms. Robinson. Two neighbors agreed to the exchange of easements and Ms. Robinson did not agree, which was
not a problem.
Commissioner Caster asked Planning Director Hayes if the Special Use Permit is granted, will all state and
federal regulations have to be met before the project can begin.
Planning Director Hayes responded that any Special Use Permit granted by the Board of County
Commissioners will have to comply with all federal, state and local requirements. In the preliminary subdivision
approval process, construction drawings and drainage plans are not approved until after the preliminary plan approval
is granted.
Commissioner Caster stated that he felt it was not unusual for developers to prepare a site plan and request
a Special Use Permit knowing that the project will have to be changed or stopped if the use is not permitted by state
and federal regulatory agencies.
Vice-Chairman Greer asked what would happen if the wetlands are not delineated as shown on the site plan
and buildings have to be moved.
Planning Director Hayes responded that if any substantial changes occur in the setbacks or size of the
buildings, it would come back to the Board of County Commissioners for approval.
Motion:
After commenting on being concerned about the statements made by Mr. Adams, Chairman Davis MOVED,
SECONDED by Vice-Chairman Greer, to resubmit the petition back to the Planning Board.
Planning Director Hayes explained that the Planning Board cannot deny or approve a Special Use Permit. If
the Commissioners are only interested in receiving information from the regulatory agencies regarding delineated
wetlands and the permit from the Division of Water Quality, the Board may want to consider a continuance of this
request until the information is submitted to the Planning Staff.
Chairman Davis responded that after hearing the statement from Mr. Adams, he was bothered about the
proper information not being available to the Planning Board and stated the best way to resolve this issue is to send
the petition back to the Planning Board.
Vice-Chairman Greer WITHDREW HIS SECOND to the motion.
Commissioner Pritchett SECONDED the motion to resubmit the petition back to the Planning Board.
Vice-Chairman Greer asked Planning Director Hayes to repeat his suggestion.
Planning Director Hayes explained that he suggested continuing the item until the appropriate information
is received. The wetlands should be the same as noted on the site plan and the only other modification will be whether
the Division of Water Quality will allow the stormwater to be discharged directly into the cypress pond. If this should
happen, the petitioner will have to relocate drainage ponds on the site.
Vice-Chairman Greer referenced the playground, swimming pool, etc. and stated he wanted to be sure these
amenities were incorporated into the project because if there are more wetlands delineated or drainage ponds have to
be relocated on the site, there may not be enough land for the recreational facilities.
Planning Director Hayes responded that if modifications of this type occur, the Commissioners can place a
condition in approval of the Special Use Permit to say that the plan cannot be modified to remove any of the
recreational improvements.
Mr. Scarafoni advised that he would be more than happy to submit additional information to the Planning
Board and stated that to delay the project two to three months would be problematic for the developers.
Discussion followed on the time frame that would be involved with sending the petition back to the Planning
Board. Planning Director Hayes responded that it would take at least one month for the petition to be heard by the
Planning Board. If a decision is made to continue the item, it would be continued until Mr. Scarafoni provides the
necessary information.
Further discussion was held on trying to move forward as quickly as possible to place the item on the agenda
for the next Planning Board meeting. Commissioner Pritchett noted that since the first meeting of the Board has been
moved to March 10, 2003, because of the Legislative Conference being held in Washington, D.C., it should be possible
for the Planning Board to meet on March 6, 2003, and placed this item on the March 10, 2003 agenda for the Board
of County Commissioners.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 499
Chairman Davis called for a vote on the MOTION to resubmit the petition back to the Planning Board. Upon
vote the MOTION CARRIED 4 to 1. Commissioner Caster voted in opposition.
Chairman Davis requested Planning Director Hayes to move forward with the petition being heard by the
Planning Board so the Board of County Commissioners can hear the request and render a decision in March.
BREAK
Chairman Davis called a break from 7:45 p.m to 8:00 p.m.
SECOND READING OF ORDINANCE BANNING CAMPING AND OPEN FIRES ON THE NORTH END
OF CAROLINA BEACH
Chairman Davis commented on persons signing up and asked the County Attorney if this was a Public
Hearing.
County Attorney Copley advised that adoption of an ordinance does not require a Public Hearing; however,
the Board can decide to hear public comments.
In further discussion, the Board decided to receive public comments.
Assistant County Manager Dave Weaver reported that the first reading of the ordinance banning camping and
open fires on the north end of Carolina Beach was held on December 16, 2002 and approved by a 4 to 1 vote. The
ordinance has been clarified to show that it will apply only to the north end of Carolina Beach and the north end of
Wrightsville Beach. He advised that Sergeant Murray, the enforcement officer of the Sheriff’s Department, was present
and would be glad to answer questions.
Chairman Davis requested all persons speaking to make brief presentations.
Mr. Ted Wilgis, representing the N. C. Coastal Federation, reported that adoption of this ordinance will allow
for a number of issues to be addressed and open the door to create an comprehensive plan, which is one of the
requirements of the Mason Inlet Relocation Project. The N. C. Coastal Federation is in support of the ordinance
primarily because of public safety and environmental issues. The northern ends of both beaches contain important
habitats that are being destroyed and cannot be used by nesting water birds, shore birds, and sea turtles.
In concluding his remarks, Mr. Wilgis requested the Board to take this opportunity to develop a
comprehensive plan that will address regulatory issues, private property issues, public safety and protect habitat areas.
Chairman Davis asked if any member of the Board had any questions or comments for Mr. Wilgis.
Hearing no comments, Chairman Davis requested Mr. Todd McLeod to make his presentation.
Mr. Todd McLeod, speaking on behalf of the Citizens for Conservation of the North End of Carolina Beach,
reported that this organization was formed to seek protection of the north end by eliminating vehicular traffic.
Presently, the group is comprised of 100 members consisting of tourists, residents, property owners, business owners,
commercial and recreational fishermen, hunters, environmentalists, real estate agents, bankers, fireman, law
enforcement officers, parents, doctors, lawyers, professors, and four-wheel drive enthusiasts.
Mr. McLeod presented the following report:
Environmental and wildlife preservation alone should be enough to stop the vehicular traffic at the north end
of Carolina Beach. Deep ruts, formed by tire tracks from vehicles, prevent the just born sea turtles from reaching the
surf. Damage to the dunes and surrounding areas have abruptly ended the nesting of the loggerhead turtles. According
to Walker Golder, Deputy Director for the National Audubon Society, the number of birds nesting on the northern end
of Carolina Beach has dropped to zero in the last five years. According, to David Allen of the N. C. Wildlife
Resources Commission, a violation of the Endangered Species Act and Migratory Bird Treaty Act is occurring with
habitat destruction for endangered species.
Public safety is also at risk. With thousands of people visiting the north end of Carolina Beach each year,
there is potential for serious accidents. With a local Monday through Friday, 8:00 a.m. to 5:00 p.m. Police Department
and two sheriff deputies patrolling the north end, there is no way this area can be controlled. There are hundreds of
calls to the Carolina Beach Police Department each year related to laws being violated consisting of littering, DWI,
public urination and defecation, speeding, and assault of a young girl on Memorial Day.
Sanitation is a major issue. There are no restroom facilities and the dunes are providing this facility for
thousands of people. A walk behind the dunes after a weekend in the summer will allow you to find everything from
a drink bottles, beer cans, toilet paper, baby diapers, beach towels, fireworks remains, food containers, feminine
hygiene products, and human feces. A pile of trash left behind each weekend fills up two large dumpsters. The local
residents and volunteers continually pick up after the visitors.
Trespassing on private property is another issue. The owners have requested the County in writing, on
numerous occasions, to prohibit vehicles from being driven on their property. These requests are continuously ignored
and the trespassing continues. Mrs. Evelyn Williams, an attorney at law, is one of the majority land owners of the
Freeman property. She has written and requested enforcement of the No Trespassing and No Vehicular Traffic signs
that she had posted on the property. These requests have been ignored. The property owners do not want vehicles to
drive on their property. This land is an important part of the Freeman family’s history and heritage, and it should be
respected.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 500
The closing of the north end to vehicle traffic could be viewed as a source of untapped revenue to aid the
declining local economy of Carolina Beach. With thousands of visitors driving on the north end, there are thousands
of dollars lost to the local economy. Studies conducted by the Town of Carolina Beach show that a majority of visitors
are from other counties and stay for one day. Most of the visitors bring their own food, beer, ice, beach chairs, and
umbrellas from their homes that were purchased in other places. Most visitors fill their gas tanks before leaving home
and drive on the beach early in the morning and leave in the evening in time for dinner in their own homes or
communities without spending a dime in Carolina Beach. This situation should be viewed as an opportunity not to
drive away valued visitors, but simply relocate them to another part of the beach community where they can enjoy the
assets of the beach and add revenue to the local economy. There is a trolley system that can be used by visitors to be
transported to any part of the beach, including the Carolina Beach Fishing Pier at the northern end. The visitors can
walk out on the pier, buy a drink and eat a hot dog before walking on the beach where they can rent a beach chair and
umbrella.
In closing, Mr. McLeod stated that in order to control the situation at the north end of Carolina Beach, the
environmental issues, sanitation, safety, and trespassing laws need immediate attention. Everyone should remember
that it is a privilege, not a right, to drive on this land, and this privilege has been abused. With help from New Hanover
County, the Town of Carolina Beach, Citizens for Conservation of the North End, and Freeman property owners, we
can just simply do the right thing and close this end of the beach to vehicular traffic so later generations will be able
to enjoy one of the most scenic areas of the New Hanover County coast.
Chairman Davis asked if any member of the Board had any questions or comments for Mr. McLeod.
Hearing no comments, Chairman Davis requested Mr. Stephen Labance to make his presentation.
Mr. Stephen Labance, a resident and owner of the Seagull Bait & Tackle Shop at Carolina Beach, spoke on
not being opposed to banning camping and open fires and stated that in spite of the comments made, the north end of
Carolina Beach does bring a significant amount of business to the beach community. Each year there is a large surf
fishing tournament and other events held at the north end that generate a considerable amount of revenue. He
requested the Board to consider issuing a permit for the surf fishing tournament to be held the first weekend in October
without camping or open fires, but with use of four-wheel vehicles. Everybody understands that beer parties need to
be stopped, and the fishermen believe that this area of the beach should be environmentally protected. If all special
events are permitted, many of the problems will be resolved. To close the north end of the beach to vehicular traffic
will be detrimental to the Town of Carolina Beach.
Mr. McLeod advised that out of all persons visiting the island, the fishermen are the most loyal to protecting
the beach. One issue not mentioned, is the fact that the fishing tournament is held on private property and no one has
requested permission from the Freeman family.
Mr. Labance informed the Board that he had spoken to the Freeman family and received permission to hold
the fishing tournament.
Mr. Lincoln Hill, a landowner of the Freeman family, informed the Board that he was not personally aware
of any member of the Freeman family being contacted for permission to use their private property for any event.
Chairman Davis announced that a letter had been received from Mayor Rothrock, on behalf of the Carolina
Beach Town Council, setting forth Council’s opposition to the proposed ordinance. He requested the Clerk to the
Board to include the letter a part of the record.
Commissioner Pritchett advised that she had discussed and proposed an alternative to Assistant County
Manager Dave Weaver about a management plan for the north end of both beaches. She requested the Board to
consider tabling this issue to allow time for this alternative to be further explored.
In further discussion, Commissioner Pritchett asked Sergeant John Murray how many citations had been
written under existing ordinance.
Sergeant Murray responded that during the summer months 2,000 citations were written for a total of $20,000
in fines. The violations consisted of speeding over the dunes, driving under the influence and disorderly conduct. He
stated that without an ordinance to at least prohibit camping and open fires, this type of conduct will continue that
could result in a death and destroy the dunes and bird habitats.
Chairman Davis expressed appreciation to Sergeant Murray for the work and effort given to manage the north
end of Carolina Beach and stated that the County was fortunate to have a deputy so dedicated to protecting the public
safety and environment under overcrowded and unpleasant conditions. He advised that he was in favor of continuing
this item as requested by Commissioner Pritchett because the proposed alternative could resolve problems for both ends
of Carolina Beach and Wrightsville Beach.
Vice-Chairman Greer asked if the ordinance presented tonight was the same ordinance voted upon at the first
reading.
Assistant County Manager Weaver advised that ordinance presented tonight was the same ordinance presented
at the first reading; however, a draft ordinance was incorrectly submitted in the agenda packet.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Caster, to table this ordinance for future
action. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 501
A copy of the letter from Mayor Rothrock is in the exhibits file in the Commissioners Office.
APPROVAL OF PROPERTY ACQUISITION BY THE BOARD OF EDUCATION
Deputy County Attorney Kemp Burpeau reported that under G. S. §115C-426(f), the Board of Commissioners
must approve all contracts for purchasing school property as to the amount to be spent for the site. The Board of
Education is proposing to purchase a twenty-five (25) acre parcel with donation of a ten (10) acre parcel for a total of
35 acres. The property is located off Murrayville Road near the intersection with Rockwell Road, and it is owned by
T. F. Holdings, Ltd. This company has made an offer of $1,120,500 under a proposed Buy and Sell Agreement with
the Board of Education. The site would be utilized for construction of an elementary school, and the property would
be purchased with funds the County has already budgeted and allocated to the Board of Education.
Chairman Davis requested Mr. Bill Hance, Assistant Superintendent of Schools, and Mr. Eddie Anderson,
Director of Facility Planning, to step forward and answer the following questions that have been received from the
public regarding the need to purchase property for another elementary school in the northern part of the County.
Question: Why should other property be purchased in the Murrayville area when the Eaton Elementary School can be
expanded on the extra land purchased when this school was constructed?
Response: Mr. Hance responded that currently elementary schools are approximately 850 students over capacity of
existing buildings. The proposed school site is located in the fastest growing area of the County. Many schools in the
northern part of the County do not have enough land to construct an expansion. Eaton Elementary School is an
exception and it could be expanded, but it would create a large school. Currently, elementary schools in New Hanover
County are built to accommodate 500 children. If this size is increased, the entire focus on these buildings will have
to be changed. Classrooms could be added to schools throughout the County but the classrooms would be in the wrong
location. The purpose of purchasing the property is to address overcrowding of elementary schools in the northern part
of the county.
Question: How much acreage is needed to construct an elementary school?
Response: Mr. Hance responded that 17 usable acres are needed to build an elementary school. The configuration of
the site is also an important issue to consider when acquiring suitable property.
Question: Was there any other property available in the Murrayville area that could have been purchased for a cheaper
price?
Response: Mr. Anderson responded that he visited several properties in this area and the proposed property would be
the best site for an elementary school. Recently, a 20-acre tract being auctioned was brought to his attention and when
investigating the property, the County map showed that 90 to 100 percent of the site was covered with wetlands.
Question: With current discussion of locating a school complex similar to Veterans Park in the northern part of the
County, would the proposed site contain enough land for a joint venture of this type?
Response: Mr. Hance responded that the proposed site would not accommodate a school complex; however, a joint
venture of this type could be located further north with enough land purchased to build a high school, middle school,
and elementary school when the demographics and number of students create a demand for the new buildings.
Question: If an elementary school is constructed on the proposed site, is there still potential for another elementary
school in the northern part of the County?
Response: Mr. Anderson advised that with 850 students over capacity, another elementary school will be needed in
the northern part of the County because the proposed school will be a prototype of the Rachel Freeman Elementary
School and will only accommodate 521 students.
Question: Will the same architectural plan for the Rachel Freeman Elementary School be used for the proposed school:
Response: Mr. Anderson responded that the same plan would be used, which will save money; however, the General
Statutes require the hiring of an architect.
Question: Is there concern about locating a school north of the bypass?
Response: Mr. Hance advised that the bypass is north of the proposed school site and will not impact the bus
transportation route. However, there is concern about no planned exits or overpasses from Highway 17 to I-40, which
will severely hamper construction of schools and development in the northern part of the County, particularly on
Sidbury Road. If the road is constructed as currently proposed, any schools constructed north of the bypass will require
buses to drive to Pender County and back, which will significantly increase the cost of transportation.
Chairman Davis requested an explanation of the 35 acre tract of which 10 acres are being donated.
Mr. Anderson explained that three issues are involved with the property acquisition, the donation of 10 acres,
the purchase of 25 acres, and a 60-foot access easement. One of these issues cannot be approved without the other two
being approved.
Discussion was held on the sale price and the tax value. Tax Administrator Robert Glasgow explained that
the use value of the subject property is forest land which reduces the tax value. The value assigned by the Tax
Department on January 1, 1999 was based on revaluation values which were market values as of that date. The
property was
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 502
identified to have a value between $15,000 to $17,000 per acre, which has nothing to do with the use value. When
the property is sold, it converts to the tax assessed value of $167,700 and the seller will be required to pay taxes on the
higher value which equates to $4,200 in roll back taxes.
Chairman Davis asked if the tax value would increase to the purchase price of $1,120,500 once the property
is sold.
Tax Administrator Glasgow responded that value of property is established on the revaluation date. In this
case, the revaluation date was January 1, 1999, and the next revaluation date will be January 1, 2007, at which time
the new tax value will be re-established. However, once the property is purchased by the schools, it will become exempt
from taxation because it is government property.
Discussion was held on the appraisal of the property by the John Hooton Company. Mr. Hance advised that
the 35 acre tract was appraised at $1,396,000.
Commissioner Caster requested County Attorney Copley to explain the Statute governing the purchase of
property for schools.
County Attorney Copley advised that pursuant to G. S. 115C-426(f), the Board does not have jurisdiction over
the location of the property, but the purchase price must be approved by the Board of County Commissioners.
Commissioner Pritchett asked if the entire 35 acres was usable land.
Mr. Anderson responded that 6 of the 35 acres are estimated to be wetlands. He advised that have been
delineated, but no certification has been received from the Corps of Engineers.
Commissioner Pritchett noted that her questions were asked to see if it would be possible to reserve half of
the property for a future elementary school which would better justify the cost. With land being scarce and quite
expensive, it is imperative to fully utilize the land purchased.
Mr. Anderson responded that the orientation of the wetlands would make it difficult to construct two schools
on the site; however, this is an option to keep in mind. He also noted that the new elementary school should be open
in 2005.
Hearing no further discussion, Chairman Davis requested direction from the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Boseman, to approve the purchase price of
$1,120,500 for the Board of Education to purchase 35 acres in the Murrayville area for construction of an elementary
school. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis expressed appreciation to Mr. Hance and Mr. Anderson for attending the meeting and
responding to the questions. He stated that the information presented will help the public to better understand why
this property was selected for construction of a new elementary school.
ADOPTION OF PRELIMINARY RESOLUTION FOR CERTIFICATES OF PARTICIPATION FOR WATER
AND SEWER PROJECTS, THE FEDERAL POINT FIRE STATION, AIRPORT IMPROVEMENTS AND
REFINANCING FOR THE ADMINISTRATIVE ANNEX BUILDING
Finance Director Bruce Shell reported that New Hanover County will seek financing via Certificates of
Participation, Series 2003, to be sold on March 12, 2003. The projects to be financed are for the construction of the
Kings Grant, Middle Sound, and Brookfield/Brierwood utility systems; Wilmington International Airport renovations;
Market Place Mall acquisition and renovations; and the Federal Point Fire Sation. Adoption of the resolution will
initiate the financing and establish a Public Hearing to be held on February 17, 2003.
Chairman Davis read the resolution into the record and requested a motion to adopt the resolution.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Caster, to adopt the resolution as read with
a Public Hearing being held on February 17, 2003. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXVIII, Page 7.5.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER
AND SEWER DISTRICT
Chairman Davis convened from Regular Session at 8:55 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Davis reconvened to Regular Session at 9:05 p.m.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item that was not
listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
Mr. Donald Sullivan spoke on illegal immigration and presented a copy of a book entitled Invasion that was
published in 2002. He reported that since appearing before the Board, he had taken his evidence and research to the
Sheriff’s Department to file charges against New Hanover County for harboring and conversion. Sergeant Joe Craig
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 29
REGULAR MEETING, FEBRUARY 3, 2003PAGE 503
and Deputy Smith threatened to arrest him if he did not leave the building. After this event, he called the SBI, the
Attorney General, and the U.S. Attorney with no action taken because the original investigation had to be started by
the Sheriff’s Department. The next step will be to file charges with the Federal Court System consisting of obstruction
of justice against the Sheriff’s Department, harboring illegal aliens against New Hanover County and conversion
charges against the Superior Court.
Mr. Sullivan read from Page 244 of the book defining harboring aliens and unlawful employment of aliens
stated that he had evidence of these crimes and requested the Commissioners to discuss the following issues to see if
the issue could be resolved at the local level: (1) declare Wilmington and New Hanover County as an illegal
immigrant free zone; (2) adopt ordinances making it a felony to employ illegal aliens in Wilmington and New Hanover
County; (3) deputize the Police Department and Sheriff’s Department to assist the INS in apprehending and deporting
illegal aliens; and (4) provide a reward for the apprehension and deportation of illegal aliens.
In closing, Mr. Sullivan urged the Board to contact him in the next 30 days to discuss these issues or he would
have no choice but to file these charges in Federal Court.
ADJOURNMENT
Chairman Davis called for a motion to adjourn the meeting.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 9:00 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board